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Breath Test Don’t Blow

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Florida Breath Test Lawyer

It is scary and intimidating to be pulled over by police on suspicion of drunk driving. But asserting your rights cannot be held against you, and may spare you from the consequences of a DUI conviction.

Citizens are often confused about their rights relating to breath tests. The rule of thumb is that you do not have to give a breath sample at the roadside. There is no criminal penalty for refusing a breath test at the time of your traffic stop. Only if you are actually arrested and taken into custody are you required to give a breath, blood or urine sample to measure your BAC (blood-alcohol content).

Don’t Blow and Don’t Agree to “Sobriety” Tests

The criminal defense attorneys of Ferrer & Gonzalez, PL, provide experienced DUI defense in Miami-Dade County and surrounding counties of South Florida. If you are facing charges of driving under the influence, we are skilled at challenging every facet of the evidence against you.

Our advice to anyone pulled over is to politely refuse to:

  • Answer questions about whether or how much you were drinking
  • Blow into a portable Alco-Sensor or similar handheld device
  • Perform field sobriety tests (walk-and-turn, say the alphabet backwards, etc.)

These questions and tests are designed only to give the officer or trooper probable cause to take you down to the station.

Refusing the “Real” Breath Test

If you have been formally arrested, only then you are obligated under Florida’s Implied Consent law to blow into an Intoxilyzer (“breathalyzer”) machine administered by a qualified person, or submit to a blood draw or urine specimen.

If you refuse to submit to testing at this stage, it becomes a criminal offense. Your driver’s license will be automatically revoked for one year, with no “hardship” license to drive to work. You can still be charged with DUI and, under Florida statute, a test refusal can be used as evidence of guilt.

There may be circumstances when it is advisable to refuse testing. Always contact a lawyer before making such a decision for yourself.

Free DUI Defense Consultation

You have many rights relating to a traffic stop, breath tests, and drunk driving arrest, and there are viable defenses. Call our Miami office at 305-262-2728 or 888-609-5947.

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